Upper Appomattox Co. v. Buffaloe
Supreme Court of North Carolina
Civil actiou on. the official bond of defendant as constable of the town of Jacksox for damages for the release of a defendant in his custody under an execution against the prisoner, tried before Bryan, J., at October Term, 1896, of Noethamptox Superior Court, on a case agreed, the essential facts of which appear in the opinion of the Court. There was judgment for the defendant and plaintiff appealed.
1Opinion of the Court
Montgomery, J.:
The plaintiff's counsel contended that the court could not consider the objection argued here, because it was not taken below; that the officer who executed the final process in his hands .by arresting the defendant in the execution was constable of the town of Jackson, and that he made the arrest in Garysburg, twelve miles from Jackson, the process not having been directed to him as constable of the town of Jackson. The contention is not sustained.
Errors that do not appear in the record proper must be excepted to in the court below in the proper manner and at the. proper time,…
2Cases cited2 opinions
- Thornton v. . BradySupreme Court of North Carolina · 1888
- Davis v. . SanderlinSupreme Court of North Carolina · 1896
3Cited by9 opinions
- Gibson v. Central Manufacturers' Mutual InsuranceSupreme Court of North Carolina · 1950
- Cressler v. Asheville.Supreme Court of North Carolina · 1905
- Wilson v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1902
- Ullery v. . GuthrieSupreme Court of North Carolina · 1908
- Bell v. . NivensSupreme Court of North Carolina · 1945
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